Hi all,

I am new to this forum and have come here out of desperation really!!! Last year i let a 10 month old puppy out in a breeding partnership,due to my husband being made redundant we were forced to down size.I did all the checks i could on the family she went to and thought i had found her the perfect home. Anyway the agreement was she would have her in co-ownership and that i would transfer kc papers into joint names after a trial period once i was satisfied she was being looked after. Within a short time of her leaving me i began to hear rumours that this woman wasnt as nice as she had first seemed and that other people had had bad experiences with her. She began pestering me to do the transfer of ownership with kc which i delayed on as i wasnt happy with what i was hearing.She told me she would give her away to a pet home if i didnt do the transfer, i still refused. I requested several times to see the dog but she refused. She then moved to the other end of the country without giving me a forwarding address and i have now been told (again rumours) that she has bred my girl at 14 months old and used another dogs paperwork to register the pups. The contract that we agreed stated we would co-own untill she was breeding age at which point once a litter was i would have pick of half the pups and i would then sign kc over to her soley. I have also given money for health tests required for the breed which she has failed to get done. I have tracked this person down and found out where she is living, do i have the right to go down and take my dog back? kc paperwork is still in my name as are all her vet records jabs etc. Sorry its a bit of a long story but i am desperate to get my girl back safely.I would be very grateful if anyone could give me advice. Thank you

Humm this is not something that I have come across personally but reading through your post this is what I gather...

I think in the eyes of the law you gave over the dog and as it resides with the person for a period of time I think that the woman though the KC paperwork is in your name is infact her dog so you cannot take it back (unless the contact was legally binding). She doesn't sound like a very nice person and I can see why you want to take the dog back but a rumor that she registered under the different dog cannot be substantiated unless DNA tests were undertaken so it remains rumor and nothing more.

I don't know what other co- ownership contracts are like but having pick of half of a litter seems a bit steep, but as Iv never owned a dog in co- ownership so this could be standard practice.

Interesting to see what others say.

Bit of a grey area I think. Legally what will be taken into account are things like who can prove they have vet records etc, but also who looks after the dog. If I was you I'd phone Trevor Cooper the dog law solicitor. http://www.doglaw.co.uk

Personally I'd only go into partnership with somebody I knew well already and trusted. I've had a bitch on breeding terms. Terms can of course vary from breeder to breeder, the agreement I had was basically  first litter belonged to the breeder (and all expenses paid for by her, including vet visits) but I got a free pup (second pick of litter), second litter bred in my name and I'd get first pick but we'd share the litter 50 /50.

Yes get legal advice partnerships seem to be fraught with problems good luck I hope you can get your dog back

Hi

Thanx for the link didnt no there were lawyers specializing in the "dog world" will definitely be giving him a call.

Very grateful for everyones input x

At least report her to the kc for fraudulent registrations!

Yes you need legal advice on this one. Yes you have the vets records but she has the dog which you gave her and has been looking after it for some time. I am not sure KC documents have any legal standing.

did you get the terms of teh agremetn in writing signed by you both.

iI so then you could take her to the small claims court, claiming the value of half a litter of pups as per the agrement (though proving they are her pups may be difficult), this may be enough to make her give the bitch back.

Yes we do have a written agreement which we both signed. It also a clause that if i feel the dog is being neglected or mistreated in any way i have the right to take her back. I have pictures of the pups and you don not need to be a breed expert or even a dog person to see that they are not well !! Im hoping that these might provide proof of neglect but am still unsure how to pursue it.

Yes i will definately be doing this x (reporting to the kennel club).

Was the agreement one that you whipped up on the computer or has it been done by a solicitor with witnesses?

Breeding the dog at 14 months and without the health tests that should have been provided along with the pictures could well negate as neglect.

You need a solicitor the fact that you are not already seeing one, makes me worry you didn't see one when doing the contract or agreement as you put it, I would never, ever go into partnership with anyone I didn't know like a sister or looked up to in the breed, time and time again, nice rational people can suddenly turn into monsters, you have to protect yourself every which way.

I also recommend you speak to Trevor Cooper to find out how legally binding your agreement was, if he is happy with it then go for the bitch and the pups value, this person clearly just wanted a money making machine to breed without papers and health tests......boy, you picked a bad one there.

Best of luck for your bitches sake more than anything, poor girl. :-(

unfortunately no the contract wasnt done by a solicitor but was witnessed,if this makes any difference!! I am not interested in suing for the pups etc i just want to get the bitch back where i know she is safe. I made a huge mistake doing this partnership and certainly would never do it again!! Anyone considering doing a partnership, DONT DO IT!

Well, unless you know someone really well, a lot of partnerships work out brilliantly. :-)

Witnessed should be fine, but please check with Trevor Cooper, he may wish you to send a copy, he will make sure all the I's & T's are crossed, so that you can get your girl back legally. :-)

As far as law may be concerned you can only sue for the value, which is why I suggested it, if they had to fork out for what the value of the agreement was then they may decide to cut their losses so to speak and let you have her back instead.

Any agreement that is fair and signed is legal, it's whether you can get it enforced is what people mean by not worth the paper it's written on.

You gave goods (the bitch) for which payment was half a litter of pups, they have not paid you, even though they have bred from her.